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Unfair settlement challenge rejected by court

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The former spouse of a noted barrister has had her plea for a new divorce settlement turned down in Appeal Court in London. She received £72,500 in a settlement in the Australian courts and is now living on benefits while her ex-husband is living in the £1.6 million property in west London that the couple once shared. Couples in the Greater Manchester area going through a divorce may wish to note that one of the judges hearing the case said that the current increased need of the ex-wife was not a valid reason to put aside the original settlement.

The couple were married for less than three years before divorcing in 2009 and have a daughter who is now aged eight. He is a successful employment law barrister who became a QC in 2014 and has remarried. The terms of the divorce settlement saw him pay maintenance to his ex-wife until 2012 and ongoing annual child support payments of almost £10,000. His former spouse was born in Australia and had returned there at the time the couple separated.

She has taken her case through the Australian legal system, but the London court noted that her challenge to the original agreement was rejected there and said that the role of the Appeal Court in the U.K. did not include augmenting the financial arrangements of divorces settled abroad. It said that her ex-partner had abided by the settlement and ruled that nothing brought to its attention suggested that the original agreement was unfair. 

A solicitor experienced in family law matters may inform a client regarding the factors that the court takes into consideration when ruling on a financial settlement following a divorce. The duration of the marriage, the standard of living that the couple enjoyed while they were wed and the current and future needs of their children may all impact the decision regarding a divorce settlement.